Research On Agency System Of Principles Of International Commercial Contracts 2004

Principles of International Commercial Contracts (in short " Principles ") from the legal attribute point is a kind of "soft law" in nature international practice, the acceptance and recognition of the Principles depends to a large extent on their own authority; especially the establishment of the Principles relevant provisions "of the most valuable commercial transactions or particularly suited" mission. and enables the Principles was highly appraised, to the extent it concerns from the beginning and repeated application. What is worth mentioning is that Principles2004 through the 1994 version of the relevant provisions be amended to the timeliness and promptly increase related themes. it not only provides more complete and the more strengthened the function of guiding the practice of commercial activities.Section II of the chapterâ…¡only on the Principles2004 regulation of the additional authority of agent provided for entry view our agency system with more than analysis, in the expectation of further development and improvement of China's agency system. Acting basic legislation, including civil law, commercial agency system and the foreign trade agency system.The first part is the total investigation about the authority of agents. It includes four aspect. Firstly, the deputy system governs only the external relation between the principle or agent on one hand, and the third party on the other hand. It is not concerned with the internal relations between the principle and the agent. It dose not govern an agent's authority conferred by law. It is different from our country's legislation application. This difference is due to the quality and application fields. It is also due to the difference between the international convention and domestic law. Later about the establishment and scope of the authority of the agent, the Principles2004 gives no limitation to the authority awarding. It is in some degree better than our country's definition that is defined in writing and words. So the former provides more possibility to succeed in deputy authority. In addition, Principles2004 defines the implied authority, which makes the affection of the action flexible to develop, and protects the awarding affection. The Principles2004 permits the agents to make any methods in order to award authority. The aim is to fulfill the affection based on the fair rule. It is superior to our country's stiff clause. Of course it also needs the development of the relative law and social situation. Thirdly, the Principles2004 forms the agency disclosed and agency undisclosed. Our General Principles of the Civil Law denies the agency disclosed in the name of the agent. Although the contract law gives the supplement, it involves the balancing of the law. The Principles2004 and the domestic law commits the humanity that the agent can be one party of the contract. The agency undisclosed refers the agent who conceals his identity. Compared with that, our country's contract law is more concrete. Last, Principles2004 focuses on conflict of benefit to discuss about abusing deputy authority, and define the term when the agent declares the contract invalid. Our law only defines the action that the agent collaborate with the third party to abuse the authority but not the definition to the two agents and self-agency.The second part discusses the problem of lack of authority. The Principles2004 is different from our contracts law about lack of authority. Principles2004 protects the agent's benefit. Principles2004 sets a low standard for apparent authority. Which ensure the establishment of deputy, and maintain the exchange safe and the third party's rights and benefits. Principles2004 specifies the duty limitation of lack of authority agent, which makes the third party get the same benefit with authority agent. But our laws lack of this kind of limitation, it lacks practical meaning. Lack of authority is await deputy, which shows that the agent's ratification and the third party's urgency and revocation.The third part explores the sub-agency and termination of authority. Principles2004 shows that the trustor has the sub-agent authority, our law makes the strict limitation to the sub-agent authority. Principles2004 expresses that agent can trust the sub-agent if the agent thinks it is proper or necessary. The affection of the sub-agent belongs to the agent or the third party. Our law forms in detail. Principles2004 does not bring the basis into the clause, and prescribes in clause 2.2.10. Our civil law has no prescription.The fourth part, discussing the Principles2004 the authority of agent to improve our system related issues from the legislative agent. Since the Principles2004 as a domestic law and international practice, and should distinguish. Therefore, in reference to Principles2004 to improve the domestic law when it is not all the provisions of the Principles2004 indiscriminately copying, should have a choice. Overall, the relevant legislation to improve our agency from the three levels: the General Principles of the Civil Law as basic civil law (or the imminent introduction of the "Civil Code"),commercial agency legislation and trade agency legislation. This increasingly three levels but is gradually reducing the levels, rather than the three separate areas. Including the General Principles of the Civil Law and Contracts Law in the civil provisions of the basic law, the agency system should be the basis of agency system (including commercial agency) of other specific areas , so it will be the first to improve the civil provisions of the basic law. commercial agency has the necessity and possibility of distinguishing civil agency, and commercial agency contained in the law such as Insurance Law and other commercial legislation. So we should learn advanced ideas and mature method about the agency system of the Principles2004 so that the integration of our commercial agency system. The long-planned economic system in our country's results to foreign trade agency with more administrative color. This is to a certain extent violate the regulation of economy and business activities and block foreign trade agency's development. It should be transform the foreign trade agency system as a commercial agency.